[Federal Register: March 28, 2003 (Volume 68, Number 60)]
[Rules and Regulations]
[Page 15053-15055]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28mr03-6]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD13-03-004]
RIN 1625 AA00
Safety Zones; Fireworks Displays in the Captain of the Port
Portland Zone
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing safety zones on the Willamette
River during fireworks displays. The Captain of the Port, Portland,
Oregon, is taking this action to safeguard watercraft and their
occupants from safety hazards associated with these displays. Entry
into these safety zones is prohibited unless authorized by the Captain
of the Port.
DATES: This rule is effective from 9:30 p.m. (PDT) on May 2, 2003 to
10:20 p.m. (PDT) on May 30, 2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [CGD13-03-004] and are available for
inspection or copying at the U.S. Coast Guard MSO/Group Portland, 6767
N. Basin Ave, Portland, Oregon 97217 between 7 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Tad
Drozdowski, c/o Captain of the Port, Portland 6767 N. Basin Avenue,
Portland, Oregon 97217, at (503) 240-2584.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for not publishing an NPRM and for
making this rule effective less than 30 days after publication in the
Federal Register. Publishing a NPRM would be contrary to public
interest since immediate action is necessary to ensure the safety of
vessels and spectators gathering in the vicinity of the various
fireworks launching barges and displays. If normal notice and comment
procedures were followed, this rule would not become effective until
after the dates of the events. For this reason, following normal
rulemaking procedures in this case would be impracticable and contrary
to the public interest. Permanent safety zones for these events are
being submitted through the normal rulemaking process for 2004.
Background and Purpose
The Coast Guard is adopting temporary safety zone regulations for
safe fireworks displays. One display is scheduled to start at 9:30 p.m.
on May 2 and last for thirty minutes. The other event is scheduled to
start at 9:50 p.m. on May 30 and also last for thirty minutes. Both
events occur on the Willamette River in Portland, Oregon.
[[Page 15054]]
These events may result in a number of vessels congregating near
fireworks launching barges. The safety zones are needed to protect
watercraft and their occupants from safety hazards associated with
fireworks displays. This safety zone will be enforced by
representatives of the Captain of the Port, Portland, Oregon. The
Captain of the Port may be assisted by other federal and local
agencies.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that Order. The
Office of Management and Budget has not reviewed it under that Order.
It is not ``significant'' under the regulatory policies and procedures
of the Department of Homeland Security. The Coast Guard expects the
economic impact of this proposal to be so minimal that a full
Regulatory Evaluation under the regulatory policies and procedures act
of DHS is unnecessary. This expectation is based on the fact that the
regulated areas established by the proposed regulation will encompass
less than one-half of a mile of the Willamette River for a period of
only 30 minutes in the late evening on two separate dates.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this temporary rule would have a significant
economic impact on a substantial number of small entities. The term
``small entities'' include small businesses, not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) of the Regulatory
Flexibility Act (5 U.S.C. 601-612) that this final rule will not have a
significant economic impact on a substantial number of small entities.
This rule will affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to transit
a portion of the Willamette River during the times mentioned under
Background and Purpose. These safety zones will not have significant
economic impact on a substantial number of small entities for the
following reasons. This rule will be in effect for only thirty minutes
during two evenings when vessel traffic is low. Traffic will be allowed
to pass through the zone with the permission of the Captain of the Port
or his designated representatives on scene, if safe to do so.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. If the
rule will affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed in the FOR
FURTHER INFORMATION CONTACT section.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that order and have determined that this final rule does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in the preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that Order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a statement of Energy Effects
under Executive Order 13211.
Environment
We have considered the environmental impact of this rule and
concluded that under figure 2-1, paragraph (34)(g) of Commandant
Instruction M16475.1C, this rule is categorically excluded from further
environmental documentation. A Categorical Exclusion Determination is
provided for temporary safety zones of less than one week in duration.
This rule establishes safety zones with a duration of thirty minutes. A
Categorical Exclusion Determination is available in the docket for
inspection or copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
[[Page 15055]]
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6 and 160.5; 49 CFR 1.46.
0
2. A temporary Sec. 165.T13-003 is added to read as follows:
Sec. 165.T13-003 Safety Zones; Fireworks displays in the Captain of
the Port Portland Zone.
(a) Safety Zones. The following areas are designated safety zones:
(1) Cinco de Mayo Fireworks Display, Portland, OR.
(i) Location. All waters of the Willamette River bounded by the
Morrison Bridge to the north, Hawthorne Bridge to the south, and
shoreline both to the east and the west.
(ii) Enforcemnet period. From 9:30 p.m. to 10 p.m. (PDT) on May 2,
2003.
(2) Portland Rose Festival Fireworks Display, Portland, OR.
(i) Location. All waters of the Willamette River bounded by the
Morrison Bridge to the north, Hawthorne Bridge to the south, and
shoreline both to the east and the west.
(ii) Enforcement period. From 9:50 p.m. to 10:20 p.m. (PDT) on May
30, 2003.
(b) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, no person or vessel may enter or remain in
this zone unless authorized by the Captain of the Port or his
designated representatives.
Dated: March 13, 2003.
Paul D. Jewell,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 03-7386 Filed 3-27-03; 8:45 am]
BILLING CODE 4910-15-U